The Crown brought an application under section 486.1(2) of the Criminal Code to permit a complainant witness to have a support dog present while testifying in a serious sexual offence trial.
The defence opposed, arguing the witness, now 21, did not "need" the dog, despite being 16 at the time of the offence.
The court, interpreting the amended statutory threshold of "facilitate" rather than "necessary," considered factors including the witness's age at the time of the offence, the nature of the offence, reported mental health issues (anxiety and depression), and observed distress during preparation.
The court also determined that the human handler of the support dog qualified as a "support person of the witness' choice." Finding that the support dog would likely facilitate the witness in giving a full and candid account, the application was granted.
